HOUSE BILL No. 6134

 

 

June 7, 2018, Introduced by Reps. Chang, Whiteford, Rendon and Kesto and referred to the Committee on Law and Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 224f (MCL 750.224f), as amended by 2014 PA 4.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 224f. (1) Except as provided in subsection (2), a person

 

convicted of a misdemeanor involving domestic violence a second or

 

subsequent time or convicted of a felony shall not possess, use,

 

transport, sell, purchase, carry, ship, receive, or distribute a

 

firearm in this state until the expiration of 3 years after all of

 

the following circumstances exist:

 

     (a) The person has paid all fines imposed for the violation.

 

     (b) The person has served all terms of imprisonment imposed

 

for the violation.

 

     (c) The person has successfully completed all conditions of

 

probation or parole imposed for the violation.

 

     (2) A person convicted of a specified felony shall not

 

possess, use, transport, sell, purchase, carry, ship, receive, or

 

distribute a firearm in this state until all of the following

 

circumstances exist:

 

     (a) The expiration of 5 years after all of the following

 

circumstances exist:

 

     (i) The person has paid all fines imposed for the violation.

 

     (ii) The person has served all terms of imprisonment imposed

 

for the violation.

 

     (iii) The person has successfully completed all conditions of

 

probation or parole imposed for the violation.

 

     (b) The person's right to possess, use, transport, sell,

 

purchase, carry, ship, receive, or distribute a firearm has been

 

restored under section 4 of 1927 PA 372, MCL 28.424.

 

     (3) Except as provided in subsection (4), a person convicted

 

of a misdemeanor involving domestic violence a second or subsequent

 

time or convicted of a felony shall not possess, use, transport,

 

sell, carry, ship, or distribute ammunition in this state until the

 

expiration of 3 years after all of the following circumstances

 

exist:

 

     (a) The person has paid all fines imposed for the violation.

 

     (b) The person has served all terms of imprisonment imposed

 

for the violation.

 

     (c) The person has successfully completed all conditions of

 

probation or parole imposed for the violation.

 

     (4) A person convicted of a specified felony shall not

possess, use, transport, sell, carry, ship, or distribute

 

ammunition in this state until all of the following circumstances

 

exist:

 

     (a) The expiration of 5 years after all of the following

 

circumstances exist:

 

     (i) The person has paid all fines imposed for the violation.

 

     (ii) The person has served all terms of imprisonment imposed

 

for the violation.

 

     (iii) The person has successfully completed all conditions of

 

probation or parole imposed for the violation.

 

     (b) The person's right to possess, use, transport, sell,

 

purchase, carry, ship, receive, or distribute ammunition has been

 

restored under section 4 of 1927 PA 372, MCL 28.424.

 

     (5) A person who possesses, uses, transports, sells,

 

purchases, carries, ships, receives, or distributes a firearm in

 

violation of this section is guilty of a felony punishable by

 

imprisonment for not more than 5 years or a fine of not more than

 

$5,000.00, or both.

 

     (6) A person who possesses, uses, transports, sells, carries,

 

ships, or distributes ammunition in violation of this section is

 

guilty of a felony punishable by imprisonment for not more than 5

 

years or a fine of not more than $5,000.00, or both.

 

     (7) Any single criminal transaction where in which a person

 

possesses, uses, transports, sells, carries, ships, or distributes

 

ammunition in violation of this section, regardless of the amount

 

of ammunition involved, constitutes 1 offense.

 

     (8) This section does not apply to a conviction that has been

expunged or set aside, or for which the person has been pardoned,

 

unless the expunction, order, or pardon expressly provides that the

 

person shall not possess a firearm or ammunition.

 

     (9) As used in this section:

 

     (a) "Ammunition" means any projectile that, in its current

 

state, may be expelled from a firearm by an explosive.

 

     (b) "Felony" means a violation of a law of this state, or of

 

another state, or of the United States that is punishable by

 

imprisonment for 4 years or more, or an attempt to violate such a

 

law.

 

     (10) As used in subsections (2) and (4), "specified

 

     (c) "Specified felony" means a felony in which 1 or more of

 

the following circumstances exist:

 

     (i) (a) An element of that felony is the use, attempted use,

 

or threatened use of physical force against the person or property

 

of another, or that by its nature, involves a substantial risk that

 

physical force against the person or property of another may be

 

used in the course of committing the offense.

 

     (ii) (b) An element of that felony is the unlawful

 

manufacture, possession, importation, exportation, distribution, or

 

dispensing of a controlled substance.

 

     (iii) (c) An element of that felony is the unlawful possession

 

or distribution of a firearm.

 

     (iv) (d) An element of that felony is the unlawful use of an

 

explosive.

 

     (v) (e) The felony is burglary of an occupied dwelling, or

 

breaking and entering an occupied dwelling, or arson.

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.